TERMS OF SERVICE AGREEMENT

Effective Date: September 30, 2017

The www.tv31.com and www.wmkg.com websites and their associated software applications, content, products and services (collectively “TV31 Services”) are owned and operated by WMKG-TV, LLC, d.b.a. TV31 (“TV31”). TV31 has adopted this Terms of Service Agreement (“Agreement”) to inform you of your rights and duties when using the TV31 Services. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the TV31 Services and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE TV31 SERVICES. BY ACCESSING OR USING THE TV31 SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

TV31 MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE TV31 SERVICES OR THIS AGREEMENT. IN THE EVENT TV31 MODIFIES, LIMITS, CHANGES, OR REPLACES THE TV31 SERVICES OR THIS AGREEMENT, YOUR USE OF THE TV31 SERVICES AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

ATTEMPTING TO SLEEP WHILE TV31 IS PLAYING MAY CAUSE INTERRUPTED SLEEP AND CONTRIBUTE TO HEALTH PROBLEMS, INCLUDING BUT NOT LIMITED TO, ALZHEIMER’S DISEASE. VIEWERS ARE URGED TO SLEEP WITH THEIR TELEVISIONS AND STREAMING DEVICES OFF. THESE STATEMENTS AND STATEMENTS MADE ON TV31 HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. NO PRODUCT OR SERVICE OFFERED OR ADVERTISED BY TV31 IS INTENDED TO DIAGNOSE OR TREAT ANY DISEASE. STATEMENTS AND OPINIONS MADE BY THIRD PARTIES ON TV31 SHOULD NOT BE ATTRIBUTED TO TV31.

1. About the TV31 Services

TV31 offers a platform for providing broadcasting and streaming content, information services, advertising and advertisements, and links to affiliated and third-party websites and applications.

The TV31 Services and related content are for informational and research purposes only. The TV31 Services should not be considered complete or up to date. You agree to hold TV31 harmless for any errors, omissions, or misrepresentations contained within the content offered by the TV31 Services. Your reliance upon any information provided by TV31, TV31’s employees, others appearing on the www.tv31.com and www.wmkg.com websites at invitation by TV31, or other visitors or users of the TV31 Service is solely at your own risk.

2. Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

You warrant and represent that any and all information that you provide to TV31 is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the www.tv31.com and www.wmkg.com websites. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to TV31. You agree to comply in good faith with the terms of this Agreement.

You will not use the TV31 Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the TV31 Services. The TV31 Services are operated in the United States and TV31 makes no representation that the TV31 Services are appropriate, lawful, or available for use in other locations.

3. Ownership of TV31 Services and License

Excluding your content, you acknowledge and agree that TV31 is the owner of, or has rights in and to, all content, information, and other materials on the TV31 Services, including but not limited to the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), text, pictures, information, data, sound files, other files, and all intellectual property rights inherent therein. The TV31 Services are protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the TV31 Services for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly any of the TV31 Services, whether in whole or in part, without the prior written consent of TV31.

TV31 hereby grants you a personal, limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the TV31 Services for their customary and intended purposes. Violation of the terms of this Agreement or use of the TV31 Services for a use outside of their customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the TV31 Services or any portion of them will result in the termination of this license. Absent prior written permission from TV31, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes any of the TV31 Services. This license is revocable at any time, and any rights not expressly granted herein are reserved to TV31.

4. Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered)

displayed on the www.tv31.com and www.wmkg.com websites are the property of their respective owners. Specially, TV31, WMKG, WMKG-TV, the TV31 logos, and any other product or service name, logo, or slogan used by TV31, and the look and feel of the TV31 Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of TV31, and may not be used in whole or in party in connection with any product or service that is not TV31’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TV31, without TV31’s prior written permission.

Any reference on the TV31 Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by TV31 or any other affiliation.

5. User Content

TV31 may allow users to distribute streaming live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, forum postings, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the TV31 Services (collectively “User Content”).

You retain full ownership rights to any User Content you post, upload and/or submit to TV31 or the www.tv31.com and www.wmkg.com websites, including but not limited to images, videos, and text. You understand that TV31 does not guarantee the confidentiality of any content submitted to TV31 or the www.tv31.com and www.wmkg.com websites and other users may view such content.

Unless otherwise agreed to in a written agreement between you and TV31, if you submit, transmit, display, perform, post, or store User Content using the TV31 Services, you hereby grant TV31 and its sublicensees an unrestricted, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to (a) use, reproduce, transmit, publicly display, distribute, modify, perform, adapt, and modify such User Content in any form, forma, media or media channels now know or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content.

You understand and agree that the above license granted to TV31 terminates within a commercially reasonable time after your content is removed or deleted from the TV31 Services. Also, you understand and agree that TV31 may (but is not obligated to) keep archives of your content for the purpose of maintaining business records of TV31 and preserving evidence of its TV31 Services activity.

For streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the TV31 Services, or generally by closing your account except (a) to the extent you shared it with others as party of the TV31 Services and other copied or stored portions of the User Content; (b) TV31 used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.

You are solely responsible for your User Content and the consequences of positing or publishing it. By uploading and publishing your User Content, you represent and warrant that: (a) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless the you have permission from the rightful owner of the material or the you are otherwise legally entitled to post the content and to grant TV31 all of the license rights granted herein; (c) your User Content does not defame any third person; and (d) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

TV31 uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, TV31 does not guarantee and is not liable for any unauthorized copying, use, or distribution of User Content. You hereby release and forever waive any clams you may have against TV31 for any such unauthorized copying or usage of the User Content, under any theory. The security measures to protect User Content used by TV31 herein are provided and used “as-is” and with no warranties or assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no disablements or other circumvention of such security measures.

You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the TV31 Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the TV31 Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not TV31, are solely responsible for any endorsements or testimonials you make regarding any product or service through the TV31 Services.

6. Account Registration; Termination

Users may access some of the TV31 Services, such as streams of live and pre-recorded audio-visual works, at no fee and without being required to setup an account or user profile. If you desire to become a member and obtain access to the additional TV31 Services and/or to receive content from TV31, you must register a free account and user profile. In order to receive free documentation, training guides, and other offers from TV31, you must opt-in by providing your email address. To register an account and create a user profile, you agree to complete the required information. Upon registration, you agree to review TV31’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. TV31 does not endorse you or discriminate based upon any information provided by you or made available for population of your user profile.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through you’re account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the TV31 Services. TV31 reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

TV31 may change any terms and conditions regarding your use of the TV31 Services at any time, including charging a fee to access and/or use some of the TV31 Services. Upon changing or modifying this Agreement, TV31 will provide notification to all members of TV31. Your use of the TV31 Services shall constitute acceptance of any changes made to this Agreement.

If you cancel your account or stop using the TV31 Services, TV31 is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. TV31 is under no obligation to provide you with the data associated with your account and/or user profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. TV31 recommends that you maintain your own backup of account and user profile data.

You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact TV31 immediately. You agree to hold harmless and indemnify TV31 for any damages that arise out of or in relationship to the use of your account.

By creating an account and/or providing your email address, you agree that TV31, and its designees and agents, may contact you by any available means, including, but not limited to, by email.

7. Use of Devices and Services

Access to the TV31 Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the TV31 Services.

8. Prohibited Conduct

You agree that you will not use the TV31 Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the TV31 Services.

Specifically, you are prohibited from, without limitation:

  1. Transmitting unsolicited commercial email messages, or spam, through the TV31 Services or to users of the TV31 Services;
  2. Suggesting an affiliation with or endorsement by TV31;
  3. Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
  4. Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
  5. Imposing a disproportionate load on the TV31 Services or their server infrastructure or otherwise attempting to interfere with the operation of the TV31 Services;
  6. Circumventing TV31’s technological or security protection mechanisms;
  7. Using a script, robot, spider, scraper, or other automated technology to access the TV31 Services;
  8. Attempting to gain access to the private data or personal information of a user of the TV31 Services or a third party;
  9. Posting or transmitting content intended to collect personal or personally identifiable information from users of the TV31 Services or third parties;
  10. Harassing and/or stalking a third party through your use of the TV31 Services;
  11. Impersonating another or creating multiple alias accounts;
  12. Using the TV31 Services in furtherance of any unlawful sexual solicitation;
  13. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  14. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the TV31 or third parties;
  15. Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
  16. Posting or transmitting content that incites any illegal activity;
  17. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; or
  18. Posting or transmitting content that violates any term or condition of this Agreement.

Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the TV31 Services.

TV31 takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is TV31 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter when the TV31 Services. Your use of the TV31 Services is at your own risk. TV31 is not liable for any statements or representations included in User Content. TV31 does not endorse any User Content, opinion, recommendations, or advice expressed therein, and TV31 expressly disclaims any and all liability in connection with User Content.

9. Section 230 of Communications Decency Act

You acknowledge and agree that TV31 is an interactive computer service provider under Section 230 of the Communications Decency Act. Though TV31 may edit, remove, or control the content displayed through the TV31 Services, you agree that TV31 will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the TV31 Services or otherwise.

10. Third Party Links

You understand that the TV31 Services may contain links to third party websites, applications, or services that TV31 does not own or control. You agree that TV31 will not be held responsible or liable for the content of third party websites, applications, or services and that TV31’s inclusion of those websites, applications, or services within the TV31 Services does not constitute TV31’s endorsement of or recommendation of any of those websites, applications, or services.

11. No Endorsement

TV31 does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on the TV31 Services do not necessarily state or reflect those of TV31 and are not intended to be used for advertising or product endorsement purposes.

12. Term and Termination

This Agreement will remain in full force and effect so long as the TV31 Services are in operation. TV31 may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Any breach of your payment obligations or unauthorized use of the TV31 Service will be deemed a material breach of this Agreement. You agree and acknowledge that TV31 has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach.

13. Disclaimer of Warranties

TV31 DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE TV31 SERVICES. TV31 PROVIDES THE TV31 SERVICES AND ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

TV31 WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE TV31 SERVICES, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE TV31 SERVICES, OR ANY CONTENT TRANSMITTED THROUGH THE TV31 SERVICES. TV31 IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TV31 RESERVES THE RIGHT TO DISCONTINUE THE TV31 SERVICES AT ANY TIME.

TV31 WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE TV31 SERVICES AT ANY TIME.

14. Limitation of Liability

TV31 WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE TV31 SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT TV31 CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, PURCHASED THROUGH THE TV31 SERVICES, AND IN NO CASE, WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO TV31, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

FURTHER, TV31 WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE TV31 SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE TV31 SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

15. Indemnification

You agree to hold harmless, indemnify, and defend TV31, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the TV31 Services, your reliance upon advice provided through the TV31 Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend TV31 under the terms of this Agreement will not provide you with the right to control TV31’s defense, and TV31 reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify TV31.

16. Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TV31 may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the TV31 Services.

17. Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against TV31 or the TV31 Services will be exclusively resolved through arbitration.

YOU AND TV31 AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE TV31 SERVICES, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM TV31, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN FLORIDA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND TV31 AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF FLORIDA. YOU AND TV31 AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

TV31 hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the TV31 Services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind TV31.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The TV31 Services are not directed to persons under the age of eighteen (18) and TV31 will not knowingly collect personally identifiable information from children under the age of eighteen (18). If TV31 inadvertently collects such personally identifiable information, TV31 will delete the personally identifiable information in accordance with its security protocols.

Limitation On Actions

TV31 AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TV31 SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Reservation of Rights

All rights not expressly granted herein are reserved to TV31.

Copyright Policy

TV31’s Services are © 2017 WMKG-TV, LLC.

TV31 respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, the www.tv31.com and www.wmkg.com websites and all content within these websites are the property of TV31 as owner or authorized licensee and are protected by copyright and other intellectual property laws.

By using these websites, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of TV31’s websites has infringed upon your copyright rights, please provide TV31 with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once TV31 receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. TV31 will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to TV31 with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on TV31’s websites;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a use of the TV31 Services that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  1. Identification of the specific materials that have been removed from the TV31 Services;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Florida;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to TV31’s Copyright Agent: Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, Michigan 49684; with a copy via email to dmcaagent@traverselegal.com.

Notice

Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:

WMKG-TV, LLC

Internet Notices Department

4237 Airline Road

Norton Shores, MI 49444

A copy of any such notice must be emailed to staff@wmkg.com but email notice alone shall not comply with the notice requirements of this Agreement.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.